Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
Section 1 of chapter 164 of the General Laws, as
appearing in the 2002 Official Edition, is hereby amended by striking out the
definition of "Electric company" and inserting in place thereof the following
definition:-

"Electric company", a corporation organized under the laws of the
commonwealth
for the purpose of making by means of water power, steam power or otherwise and
selling or transmitting and selling, or transmitting only, or distributing and
selling, or only distributing, electricity within
the commonwealth, or authorized by special act so to do, even though
subsequently authorized to make or sell gas; provided, however, that electric
company shall not mean an alternative energy producer; and provided, further,
that a distribution company shall not include any entity which owns or operates
a plant or equipment used to produce electricity, steam, and chilled water, or
any affiliate engaged solely in the provision of such electricity, steam, and
chilled water, where the electricity produced by such entity or its affiliate
is primarily for the benefit of hospitals and nonprofit educational
institutions, and where such plant or equipment was in operation before
January 1, 1986; and provided, further, that electric company shall not mean
a
corporation only transmitting and selling, or only transmitting, electricity
unless such corporation is affiliated with an electric company organized under
the laws of the commonwealth for the purpose of distributing and selling or
distributing only, electricity within the commonwealth.

SECTION 2.
Said chapter 164
is hereby further amended by striking out
section 2, as so appearing, and inserting in place thereof the following
section:-

Section 2. In construing sections 69G to 69 O, inclusive, 70, 71, 74
to 83, inclusive,
92 to 95, inclusive, 103, 105, 106, 109, 112 to 114, inclusive, 116, 117, 119,
120, 121, 123 to 127, inclusive, unless the context otherwise requires, the
terms "corporation", "gas company" and "electric company" shall include (i) all
persons, firms, associations and private corporations which own or operate
works or a distributing plant for the manufacture and sale, or distribution and
sale of gas for heating and illuminating purposes, or of electricity, within
the commonwealth, or (ii) or a transmission company that is affiliated with an
"electric company", but shall not include any alternative energy producer
other than persons, firms, associations, and private corporations expressly
excluded from the definition of "electric company" in section 1; and in
construing sections 103, 105, 109, 112 to 114, inclusive, 116,
117, 120, 121, and 123 to 127, inclusive, the terms "corporation", "gas
company" and "electric company" shall include municipal corporations which own
or may acquire municipal lighting plants. Electric companies, which engage in
generation and which are not part of a vertically integrated electric company
or do not have a distribution affiliate in the commonwealth, shall be exempt
from sections 3 to 33, inclusive, and section 93. Electric
companies, which engage solely in the transmission or transmission and sale of
electricity, shall be exempt from this chapter to the extent
that they are preempted by federal law.

SECTION 3.
Section 69J of said chapter 164, as so
appearing, is hereby amended by striking out the
third paragraph and inserting in place thereof the following paragraph:-

A petition to construct a facility shall include, in such form and
detail as the board shall from time to time prescribe, the following
information: (1) a description of the facility, site and surrounding areas;
(2) an analysis of the need for the facility, either within or outside, or
both within and outside the commonwealth; (3) a description of the
alternatives to the facility, such as other methods of transmitting or storing
energy, other site locations, other sources of electrical power or gas, or a
reduction of requirements through load management; and (4) a description of
the environmental impacts of the facility. The board shall be empowered to
issue and revise filing guidelines after public notice and a period for
comment. A minimum of data shall be required by these guidelines from the
applicant for review concerning land use impact, water resource impact, air
quality impact, solid waste impact, radiation impact and noise impact.

SECTION 4.
Section 71 of said chapter 164, as so
appearing, is hereby amended by adding the
following sentence:-
Nothing in this section shall prohibit a corporation that is not subject
to this chapter from constructing lines for the transmission of electricity nor
shall it authorize the corporation to construct lines for the transmission
of electricity.

SECTION 5.
Section 72 of said chapter 164, as so
appearing, is hereby amended by striking out, in line 1, the words
"An electric company" and inserting in place thereof the
following words:- (a) Any electric company, distribution company, generation
company, or transmission company or any other entity providing or seeking to
provide transmission
service.

SECTION 6.
Said section 72 of said chapter 164, as
so appearing, is hereby further amended by striking out the sixth
sentence and inserting in place thereof the
following 2 sentences:- If the electric company, distribution company,
generation company or
transmission company or any other entity providing or seeking to provide
transmission service shall file with the department a map or plan of the
transmission line showing the towns through which it will or does pass, the
public ways, railroads, railways, navigable streams and tide waters in the town
named in said petition which it will cross, and the extent to which it will be
located upon private land or upon, under or along public ways and places, the
department, after such notice as it may direct, shall give a public hearing or
hearings in 1 or more of the towns through which the line passes or is
intended to pass. The department may by order authorize an electric company,
distribution company, generation company, or transmission company or any other
entity to take by eminent domain under chapter 79 such lands, or
such rights of way or widening thereof; or other easements therein necessary
for the construction and use or continued use as constructed or with altered
construction of such line along the route prescribed in the order of the
department.

SECTION 7.
Said section 72 of said chapter 164, as so appearing, is
hereby further amended by inserting after
the word "company", in line 52, the
following words:- , distribution company, generation company, or transmission
company or any other entity.

SECTION 8.
Said section 72 of said chapter 164, as so appearing, is
hereby further amended by adding the following sentence:- No entity shall be
authorized under this section or section 69R
or section 24 of chapter 164A to take by eminent domain any
lands or rights of way or other easements therein held by an electric company
or transmission company to support an existing or proposed transmission line
without the consent of the electric company or transmission company.